Shoulder replacement surgery is a major procedure that can significantly improve a person’s quality of life, often freeing them from chronic pain and restoring mobility.
This surgery may entail permanent restrictions that have long-term consequences and diminish your quality of life. These limitations may reduce your ability to perform daily activities, such as sports and job responsibilities, and they may also restrict your physical movement. A medical malpractice lawyer can help you understand your legal options if your shoulder replacement surgery results in permanent restrictions.
Whether you’re considering shoulder replacement surgery or have already undergone the procedure, these potential restrictions can enable you to prepare, adapt, and live a fulfilling life post-surgery.
What Is Shoulder Replacement Surgery?
According to Washington University Orthopedics, the shoulder consists of two joints—the acromioclavicular and glenohumeral joints. The former is where the shoulder and collarbone meet, while the latter is where the ball and socket of the shoulder come together.
The shoulder also contains tendons and muscles that hold the shoulder bones in place. Injuries can occur to any part of the shoulder, sometimes resulting in the need for surgical replacement of parts of the shoulder joint with prosthetic parts.
The American Academy of Orthopaedic Surgeons explains that shoulder replacement surgery—or arthroplasty—is a surgical procedure to resurface the bones and replace the damaged parts of your shoulder joint with artificial components.
In the 1950s, surgeons first performed this surgery in the United States to treat severe shoulder fractures. In subsequent decades, however, surgeons have also carried out this procedure to treat other conditions.
The primary reason people opt for this surgery is because they are dealing with severe shoulder pain or limited mobility, usually due to conditions such as osteoarthritis, rotator cuff tear, arthropathy, or rheumatoid arthritis.
According to Johns Hopkins Medicine, surgeons often recommend shoulder replacement surgery when a patient has unsuccessfully tried less invasive treatments, including anti-inflammatory or other pain-relief medication, engaging in physical therapy, and limiting their physical movements.
Additional indications that can lead to a recommendation of shoulder replacement surgery include pain that interferes with normal daily activities, remains even when you are at rest, and involves loss of range of motion or weakness in the shoulder.
The procedure itself comes in several forms. The most common types are total shoulder replacement, where a surgeon replaces both parts of the joint, and partial shoulder replacement, where they replace only the head of the humerus (upper arm bone).
Another type is reverse total shoulder replacement, often for irreparable rotator cuff tears, where surgery involves switching the position of the ball and socket.
The Recovery Process After Shoulder Replacement Surgery
Recovery from shoulder replacement surgery is a gradual process. Icahn School of Medicine at Mount Sinai notes that immediately following the operation, you may spend one to three days in the hospital before returning home. You will need to wear a sling for several weeks and wait three months before doing strengthening techniques to allow your shoulder to heal properly.
Physical therapy plays a pivotal role in regaining your strength and mobility. The rehab process usually begins within the first week post-surgery and can last up to six months. Your physiotherapist can design a personalized program that incorporates stretching, range of motion, and strengthening exercises.
Patients often regain shoulder movement within six weeks and can resume driving. This is generally the point in your recovery when you can return to work and increase your physical activity level to begin building strength.
The average recovery timeline varies depending on your overall health, type of surgery, and commitment to the rehabilitation process. Most patients can expect to see significant improvements in pain and mobility levels within three to six months.
You will have regular follow-up visits with your surgeon during the first year post-surgery and then yearly to ensure your shoulder replacement continues to be viable.
Potential Permanent Restrictions After Shoulder Replacement Surgery
Regardless of surgical success, some restrictions may persist after shoulder replacement surgery. These can include limits on participating in high-impact sports, such as tennis or weightlifting, and restrictions on lifting heavy objects above your head. Excessive force on your artificial joint could cause it to wear out prematurely.
Surgeons from Indiana University Health recommend that patients avoid lifting more than 25 pounds after a total shoulder replacement surgery, although this restriction is not necessarily a recommendation for partial replacement procedures.
The Lancet reports that around 90 percent of shoulder replacements last at least 10 years if a patient follows their doctor’s recommendations post-surgery.
Studies by the British Medical Journal, however, indicate that one in every four men between the ages of 55 and 59 who have had shoulder replacement surgery will need revision surgery, particularly during the first five years following the initial procedure.
You may also need to avoid certain movements and positions, such as behind-the-back movements or extreme rotation. Such restrictions can challenge various aspects of your daily life, including getting dressed and performing tasks at work.
According to studies by the National Library of Medicine, around 40 percent of patients who were in work before their shoulder replacement surgery returned to work after a recovery period. Rates of postoperative work return were highest among those with sedentary jobs where they did not have to reach or lift heavy objects.
A small percentage of subjects in these studies retired from work following their shoulder operation; for many others, post-surgical life involved changing job roles or careers to continue earning an income without performing restricted movements that could diminish the success of their surgery.
Legal Rights and Protections for Individuals With Permanent Restrictions
Someone with permanent restrictions post-surgery may often qualify as having a disability. This eligibility provides them with certain rights and protections.
The Americans with Disabilities Act (ADA), for example, forbids discrimination against individuals with disabilities in the workplace and public places and requires, when possible, that workplaces make necessary accommodations, such as providing modified work schedules or special equipment. The ADA is not the only legislation that affords you legal rights and protections after shoulder replacement surgery has caused you permanent restrictions.
Workers’ Compensation Rights
If a work-related injury caused you to need shoulder replacement surgery, you could seek compensation. The workers’ compensation program in the state where you live compensates most work-related injuries. While these laws vary from state to state, workers’ compensation is typically a type of insurance policy that most private employers have to provide for their employees.
If you suffer an injury on the job, workers’ compensation can provide income replacement while you recover as well as coverage for your related medical expenses. If you experience permanent restrictions that make it impossible to perform your job role after your shoulder replacement surgery, you can seek permanent disability payments.
To file a workers’ compensation claim, you must report your injury to your employer. You will have to seek treatment in some states from a physician who has authorization from your employer or their workers’ compensation insurance provider, whereas workers’ compensation laws in other states allow you to choose your physician.
When you report your injury to your employer, they must promptly report it to their insurer, who will contact you with more information about your rights and the process of claiming temporary or permanent benefits.
An experienced lawyer can handle the claims process for you, providing documentation for your claim or an appeal of a benefits decision. They can also often negotiate a settlement with your employer’s workers’ compensation insurance provider.
Personal Injury Rights
If you have sustained injuries due to someone else’s carelessness and that resulted in shoulder replacement, you can seek compensation for the financial and psychological consequences through the personal injury claims process.
This process involves filing a claim against the at-fault party’s relevant insurance policy, such as a property or auto liability policy.
When the insurer receives your claim, they will assign it to a claims adjuster whose job is to evaluate the claim on behalf of the insurer and determine whether their insured was liable and if there is sufficient coverage under the policy you filed against. If they decide their insured was liable for your injury, they must determine how much money you deserve.
While claims adjusters can accept your personal injury claim outright or deny it by notifying you and your attorney, the most common resolution is a settlement, which is an offer the insurance company makes to resolve your claim.
Because a claims adjuster evaluates your claim through the lens of protecting their employer from large payouts, the initial settlement offer is generally far below the value of the claim. An attorney can negotiate with the claims adjuster to convince them to increase their offer.
If the insurer fails to compensate the claim, you can file a personal injury lawsuit. You may still achieve a settlement after filing a lawsuit and a trial has started, provided a judge or jury has not yet reached their decision. After filing a claim, your lawyer will prepare your case for trial by filing and responding to motions and gathering evidence and witness depositions.
Social Security Disability Benefits
If your permanent restrictions result in the inability to perform your job or any other role, you may be eligible to seek Social Security Disability Insurance (SSDI). Arthritic conditions that impair the usage of major body joints, such as the shoulders, are among the qualifying disabling conditions that SSDI compensates.
Other criteria that determine whether you qualify for SSDI benefits include:
- You have worked in jobs that qualify for Social Security benefits. Social Security work credits depend on your total annual or self-employment income, and you can earn up to four credits a year. The number of credits you need to qualify for payments depends on your age when the disability begins.
- Your disability has significantly limited your ability to do basic work-related tasks for at least 12 months, such as standing, lifting, walking, sitting, or remembering things.
An individual can sometimes obtain benefits using their spouse’s work credits if they do not have enough of their own credits to qualify for benefits. An experienced lawyer who handles SSDI claims can explain this option to you.
Affording an Experienced Lawyer
If you believe you qualify for compensation due to the permanent restrictions you experienced after shoulder replacement surgery, don’t hesitate to seek legal advice.
Many personal injury lawyers can handle any of these legal processes on your behalf without any upfront payment or bills for hourly services when they work on your case, as they typically use a contingent fee billing method.
The contingent fee arrangement means you only pay for your legal team’s services when you receive a successful outcome to your claim. If your claim is unsuccessful, you don’t owe any money to your attorney. If you receive compensation, however, your lawyer will receive a percentage of the overall award as payment.
Living With Permanent Restrictions After Shoulder Replacement Surgery
While shoulder replacement surgery can significantly improve your life, it can result in permanent restrictions that require adaptations. You have legal rights, and an experienced personal injury lawyer can explain these to you and answer your legal questions. The journey does not end with surgery; it merely begins a new chapter of resilience and adaptation.
